Oregon Statutes 137.635 – Determinate sentences required for certain felony convictions
(1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS § 137.120, but, unless it imposes a death penalty under ORS § 163.105, the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS § 421.120 or for any reduction in term of incarceration pursuant to ORS § 421.121.
Terms Used In Oregon Statutes 137.635
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) Felonies to which subsection (1) of this section applies include and are limited to:
(a) Murder in any degree, as defined in ORS § 163.107 or 163.115, and any aggravated form thereof.
(b) Manslaughter in the first degree, as defined in ORS § 163.118.
(c) Assault in the first degree, as defined in ORS § 163.185.
(d) Kidnapping in the first degree, as defined in ORS § 163.235.
(e) Rape in the first degree, as defined in ORS § 163.375.
(f) Sodomy in the first degree, as defined in ORS § 163.405.
(g) Unlawful sexual penetration in the first degree, as defined in ORS § 163.411.
(h) Burglary in the first degree, as defined in ORS § 164.225.
(i) Arson in the first degree, as defined in ORS § 164.325.
(j) Robbery in the first degree, as defined in ORS § 164.415.
(3) When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section. [1989 c.1 2,3; 1991 c.386 § 6; 1993 c.692 § 5; 1995 c.79 § 49; 2003 c.14 § 59; 2019 c.635 § 9]